Acesso à Justiça e Estado Democrático de Direito a partir de Michel Foucault: limites e possibilidades de uma mitologia jurídica

Abstract

The present dissertation sought to investigate the possibility of the Democratic State of Law in fact extending its protective sphere in an equitable way to all individuals and groups of a society, starting with French post-structuralism and its criticism of this same Democratic State of Law as a civilizing milestone. This study was based on the work of Michel Foucault. The motivating hypothesis was to have the Law an essentially exclusionary character in its genesis. In order to construct the theoretical discussion, recyclable material collectors were used as a representative group because they have characteristics that make them representatives of the socioeconomic and politically excluded part of Brazil.